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What You Need to Know Before Heading Into a Personal Injury Trial

Jul 15, 2022

Injury and accident claims can vary, but the fundamental phases of personal injury cases often remain the same. According to the Law Dictionary, about 95% of pending lawsuits end in a pre-trial settlement. The stages of a typical personal injury case are briefly described in this article, along with details on each stage. Continue reading to learn more.


Initial Consultation


Meeting with an
auto claim lawyer is the first step in the process. It's referred to as a consultation. You will go over the specifics of your case at the meeting, such as the type of the accident and the severity of your injuries. You can receive several inquiries from the attorney. Your attorney can help you decide what actions to pursue in your case and explain the several settlement options that may be accessible to you.


Filing Court Documents


If you decide to proceed with a personal injury lawsuit, your auto claim lawyer will file and serve a complaint along with all other necessary paperwork. You will be listed as the plaintiff, and the respondent in the lawsuit will be listed as the defendant. The complaint will detail your accident's specifics, injuries, and the legal grounds on why the defendant is liable. The compensation you are seeking will also be disclosed.


Discovery


The parties will enter discovery after filing and serving initial documents on each other. This exchange of evidence is done formally. During the discovery process, your auto claim lawyer provides the defendant with a list of inquiries. The attorney may also request records, and both parties may also take depositions or sworn statements.


Pretrial Motions and Hearings


Lawyers frequently use pretrial motions to compel the other party to provide evidence. However, lawyers may sometimes submit motions designed to settle a dispute before trial. Your lawyer will explain the process to you in detail. This will help to make sure that everyone is aware of what is happening in the trial.


Settlement Negotiations


Before a lawsuit goes to trial, the attorneys for both parties usually work to achieve a settlement. In a settlement, the plaintiff consents to the defendant's release from obligation in exchange for payment of damages by the defendant. Settlements are fairly common in cases like these. However, the parties in a personal injury suit will go to trial if they cannot agree on a settlement. There are typically two stages to a trial. The jury first determines whether the defendant is guilty. If so, the jury decides how much will be awarded in damages.


Working with an experienced law firm should give you the confidence that your case will be handled with care. Your initial consultation should give you a solid understanding of how the process works and what you can expect. If you are in need of trusted representation, contact the Law Office of Brett G. Pearce to get started.

21 Jan, 2022
Injuries can happen to anyone, regardless of age, location, or occupation.
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